U.S. v. Armour

Dist. Ct. did not err in sentencing defendant to 24-month term of incarceration followed by one-year term of supervised release, after finding that defendant had violated original term of supervised release by leaving state without authorization, testing positively for marijuana, and obtaining 7-year sentence on aggravated battery charge arising out of beating of defendant’s 8-year-old son. While defendant argued that Dist. Ct. improperly relied on seriousness of offense factor contained in section 3553(a)(2)(A) that is not listed in relevant statute for post-revocation sentencing (i.e., section 3583(e)), record showed that Dist. Ct. relied upon nature and circumstances of defendant’s violations, as well as his history and characteristics that were set forth in section 3583(e). Moreover, Dist. Ct. did not abuse its discretion when imposing instant one-year term of additional supervised release given extensive nature of defendant’s criminal history, and Ct. rejected defendant’s challenge on vagueness grounds to terms of supervised release that called upon him to, among other things: (1) refrain from knowingly being present at place where drugs are sold or knowingly interact with felons; (2) report to probation officer as directed and to allow said officer access to defendant’s home during certain hours; and (3) refrain from purchasing controlled or psychoactive substances.